[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Proposed Rules]
[Pages 41954-41955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17523]


=======================================================================
-----------------------------------------------------------------------

AGENCY FOR INTERNATIONAL DEVELOPMENT

48 CFR Chapter 7

RIN 0412-AA86


Agency for International Development Acquisition Regulation 
(AIDAR): Leave and Holidays for U.S. Personal Services Contractors, 
Including Family and Medical Leave

AGENCY: U.S. Agency for International Development.

ACTION: Supplemental notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The U.S. Agency for International Development (USAID) hereby 
further amends a proposed rule published in the Federal Register on 
June 21, 2019 regarding amending the AIDAR to revise the General 
Provision contract clause (hereafter ``clause'') 5 entitled ``Leave and 
Holidays (APR 1997)'' for U.S. personal services contractors (USPSCs.) 
This action addresses conforming changes to annual and sick leave, and 
compensatory time off.

DATES: Submit comments on or before August 20, 2019.

ADDRESSES: Submit comments by any of the following methods:
    1. Through the Federal eRulemaking Portal at http://www.regulations.gov by following the instructions for submitting 
comments.
    2. By Mail Addressed to: U.S. Agency for International Development 
(USAID), Bureau for Management, Office of Acquisition & Assistance, 
Policy Division, Attn: Richard E. Spencer, Room 867-E, SA-44, 1300 
Pennsylvania Ave. NW, Washington, DC 20523-2052.

FOR FURTHER INFORMATION CONTACT: Richard E. Spencer, Telephone: 202-
567-4781 or Email: [email protected].

SUPPLEMENTARY INFORMATION: On June 21, 2019 (84 FR 29140), USAID 
proposed amending its acquisition regulations by revising the General 
Provision contract clause 5 in appendix D of the AIDAR, chapter 7 of 
title 48 of the Code of Federal Regulations. Those changes included 
revisions and clarifications for all types of leave for USPSCs, 
including adding a new provision for family and medical leave. In this 
supplemental notice of proposed rulemaking, we are clarifying that both 
earning and use of compensatory time off follows the same policies as 
apply to USAID direct-hires, and adding language that conforms to 
unchanged provisions elsewhere in the regulation about prorating annual 
and sick leave accrual rates for less than full-time work.

A. Instructions

    All comments must be in writing and submitted through one of the 
methods specified in the ADDRESSES section above. USAID encourages all 
commenters to include the title of the action and RIN for this 
rulemaking. Please include your name, title, organization, postal 
address, telephone number, and email address in the text of your 
comment.
    Please note that USAID recommends sending all comments to the 
Federal eRulemaking Portal.
    All comments will be made available at http://www.regulations.gov 
for public review without change, including any personal information 
provided. We recommend that you do not submit information that you 
consider confidential business information or any information that is 
otherwise protected from disclosure by statute.
    USAID will only address comments that are relevant and within the 
scope of this proposed rule.

B. Background

    USAID is seeking comments on this proposed rule to revise AIDAR

[[Page 41955]]

appendix D as originally published in the Federal Register on June 21, 
2019, and as described below for this supplemental notice of proposed 
rulemaking:
    (1) Annual leave.
    This paragraph is clarified to indicate that accrual of annual 
leave will be prorated for less than full-time work.
    (2) Sick Leave.
    This paragraph is clarified to indicate that accrual of sick leave 
will be prorated for less than full-time work.
    (3) Compensatory Time.
    A sentence is added to clarify that both earning and use of 
compensatory time off follow the same policies as apply to USAID 
direct-hires.

C. Impact assessment

    (1) Regulatory Planning and Review. Under E.O. 12866, OIRA has 
designated the proposed rule ``significant'' and therefore subject to 
the requirements of the E.O. and subject to review by the Office of 
Management and Budget (OMB). OIRA has determined that this Rule is not 
an ``economically significant regulatory action'' under Section 3(f)(1) 
of E.O. 12866. This proposed rule is not a major rule under 5 U.S.C. 
804.
    The costs and benefit of the revisions described as published in 
the Federal Register on June 21 remain unchanged, and there is no 
additional impact for the conforming changes proposed by this 
supplemental notice of proposed rulemaking.
    (2) Regulatory Flexibility Act. The Director, Bureau for 
Management, Office of Acquisition and Assistance, acting as the Head of 
the Agency for purposes of the Federal Acquisition Regulation, 
certifies that this proposed rule will not impact a substantial number 
of small entities within the meaning of the Regulatory Flexibility Act, 
5 U.S.C. 601, et seq. Therefore, an Initial Regulatory Flexibility 
Analysis has not been performed.
    (3) Paperwork Reduction Act. This proposed rule does not establish 
or modify a collection of information that requires the approval of the 
Office of Management and Budget under the Paperwork Reduction Act (44 
U.S.C. Chapter 35).

List of Subjects in 48 CFR Chapter 7, Appendix D

    Government procurement.

    For the reasons discussed in the preamble, 48 CFR chapter 7, as 
proposed to be amended on June 21, 2019 at 84 FR 29140, is further 
amended as follows:

Title 48--Federal Acquisition Regulations System

Chapter 7--Agency for International Development

0
1. The authority citation for appendix D to 48 CFR chapter 7 continues 
to read as follows:

    Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 
2381), as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 
CFR, 1979 Comp., p. 435.

0
2. Appendix D to chapter 7, is amended by revising paragraphs (a)(2), 
(b), and (h) of clause 5 in section 12 to read as follows:

Appendix D to Chapter 7--Direct USAID Contracts With a U.S. Citizen or 
a U.S. Resident Alien for Personal Services Abroad

* * * * *
    12. General Provisions for a Contract With a U.S. Citizen or a U.S. 
Resident Alien for Personal Services Abroad
* * * * *
    5. Leave and Holidays
* * * * *
    (a) * * *
    (2) The contractor will accrue annual leave based on the 
contractor's time in service according to the table of this paragraph 
(a)(2). The accrual rates are based on a full-time, 40-hour workweek, 
which will be prorated if the contract provides for a shorter workweek:

------------------------------------------------------------------------
          Time in service              Annual leave (AL) accrual rate
------------------------------------------------------------------------
0 to 3 years......................  4 hours of leave for each 2-week
                                     period.
over 3, and up to 15 years........  6 hours of AL for each 2-week period
                                     (including 10 hours AL for the
                                     final pay period of a calendar
                                     year).
over 15 years.....................  8 hours of AL for each 2-week
                                     period.
------------------------------------------------------------------------

* * * * *
    (b) Sick Leave. The contractor may use sick leave on the same basis 
and for the same purposes as USAID employees. The contractor will 
accrue sick leave at a rate not to exceed four (4) hours every two (2) 
weeks for a maximum of thirteen (13) work-days per year based on a 
full-time, 40-hour workweek, which will be prorated if the contract 
provides for a shorter workweek. The contractor may carry over unused 
sick leave from year to year under the same contract, and to a new 
follow-on contract for the same work at the same place of performance. 
The contractor is not authorized to carry over sick leave to a new 
contract for a different position or at a different location. The 
contractor will not be compensated for unused sick leave at the 
completion of this contract.
* * * * *
    (h) Compensatory Time. USAID may grant compensatory time off only 
with the written approval of the contracting officer or Mission 
Director in rare instances when it has been determined absolutely 
essential and under the policies that apply to USAID direct-hire 
employees. The contractor may use earned compensatory time off in 
accordance with policies that apply to USAID direct-hire employees.
* * * * *

Mark A. Walther,
Acting Chief Acquisition Officer.
[FR Doc. 2019-17523 Filed 8-15-19; 8:45 am]
BILLING CODE 6116-01-P